The following information came through recently :
Penan sentenced to jail
On 11th June 1993, twenty-six Penan people from the Baram area were
convicted at the Magistrate court of Miri.
From Long Ajeng, Sela'an :
1. Joseph Lalong 2. Luvang Nyugun
3. Nging Nian 4. Juing Nap
5. Agan Nian 6. Singa Lihan
7. Josli Lihan 8. Malikat Luvang
9. Daud Lihan 10. Agong Luvang
11. Seling Kayan 12. Damus Avun
From Long Itam, Patah :
13. Palong Maha 14. Thomas Keliap
15. Da'a Bujau 16. Pasang Avun
17. Simon Toi 18. Lah Unan
From Long Mobui, Sela'an "
19. Ului Jivai 20. Joseph Simin
21. Denis Lalong 22. Nuh Ujan
23. Ayub Ujan 24. Timai Alok
25. Saya Ara
From Long Tap, Akah :
26. Jakop Wan
These Penan people were arrested and charged in 1989 under Section
90(b) of the Forest Ordinance for obstructing the logging operation
through the setting up of blockade. All of the above-mentioned Penans
were sentenced to 1 day jail sentence and M$500.00 fine (or equivalent
of 1 month imprisonment). The hearing had been going for so many years
that one of the elderly Penan had since passed away. Local Indigenous
organisers maintained that the conviction is a violation of basic
human rights as the Penan people have been living in the Baram area
for thousands of years and they were rightfully protecting their
forest from the destruction of the logging company.
Long Mobui Blockade
Thursday 27th. May '93 (Miri), the struggle of the Penans of Long
Mobui, Sala, an Ulu Baram is still in progress. The harassment by the
authority made them motivated to protect their forest land. There
will be more of their children joining them on this coming holiday on
28-05-1993 in order to form a strong force. According to _____
from _____, the authority sent a dozen field force to search for the
leaders - (names deleted for security reasons.)
The Berawan Struggle
The Berawan people near the Mulu National Park are distributing
thousands of pamphlets to tourists coming to Mulu project and expose
their issues on land rights. All the landowners erect sign-boards on
their land - "Mo trespassing or encroaching into my NCR land. Respect
Indigenous rights on property as declared by the United Nation." A
big sign-board is hanging on a huge rock in front of Rehga Hotel
(Five-star hotel) where the chief Minister's sister owns a major
share. They wrote the four demands as stated:-
(a) To recognize our land rights.
(b) To delineate our NCR land and issue titles to all land Owners in
the Melinau area.
(c) To ensure the participation of the Berawan people in decision-
making to control and manage the development near the Mulu
National Park.
(d) To ensure a fair share and to decide and control the aspects of
Tourism which is appropriate to our cultural heritage.
Many foreign tourists showed support and sympathy to the Berawan
struggle. The Berawan leaders spoke of their ancestors' history and
the present situation. Later they brought them to see alternative
tourist attractions such as old longhouse settlements, ancestral
burial grounds, old fruit trees and their traditional lifestyle. In
the evening they entertain them with their traditional songs and
dances. The tourists give donations for the Berawan struggle.
Update to the Balingian case
The case of the 41 Iban arrested in November 1992 in Balingian
near Sibu has been postponed to 11th December '93. They were charged
under wrongful restraint against a logging company. They were released
on bail of one $1,000 ringgit was extended.
Long Geng
Nyagang Kup, a young man from Long Geng, Upper Belaga District
was arrested by police on March 6th this year and detained for a week
by the police in Belaga. He was released on bail for $2,000 ringgit
and 2 sureties pending trial. His case will be heard on 9th August
this year at the Belaga court. He was charged under section 379 of
the penal code. Jason Wong, a Member or Parliament is acting as the
defence counsel.
Statement by the Berawan People of surrounding Mulu National Park
15th June 1993
We, the Berawan having land rights around the Mulu National Park
wish to make a reply to the statement made by the Chief Minister in
the Borneo Post and the Sarawak Tribune dated 13th June, 1993.
We noted with concern the statement made by the Chief Minister of
Sarawak that people are making false land claims and that there is a
certain group that is inciting the Berawan community to demand for
excessive compensation based on a report in The New Straits Times
alleging that there is a move by the Berawan Community to prevent
tourists from visiting the Mulu National Park.
We the Berawan at around the Mulu National Park, the affected
people feel that we need to clear the air on the issue in particular
the problem at Mulu. This is because the facts presented to the
people by the media so far are not the actual situation. We feel it
only right that the matter be put straight.
In order to have the proper prospective of these problems we have
to go back to the period before the creation of the National Park at
Gunung Mulu. The parcel of land carved out for the National Parks
were subject to the Berawans claims. The Berawan agreed to release
their claims to land inside the park area. The Park was gazetted as a
national park subject to the traditional rights of the Berawan to
fish, hunt and collect building materials inside the park itself. The
Berawan knows that they have these rights however they no longer wish
to exercise them because they appreciate what the National Park can do
to attract tourists. The Berawan is as anxious if not more eager to
preserve the status of the park to attract more tourists. However the
areas in dispute are lands outside the National Park. The Berawan
were given to understand and several representations were made by
state ministers that the Berawan has a legitimate claim to their
ancestral lands that are outside the National Park.
In appreciating the potentials of the tourism spin-off many
Berawans have started to develop their tour companies and small
lodging houses for the tourist to stay in while visiting the national
park. These small establishments were erected on various sites along
the Melinau river outside the national parks on the Berawan's
ancestral lands. Some of these establishments have met with some
success in creating small scale enterprise by the Berawan. This is in
line with the government declared policy of creating Bumiputra
participation in commerce and industry. The Berawans are loyal
Malaysians and feel that they as the first inhabitants of the lands in
the Melinau and the Gunung Mulu, they should be given the prior rights
to these lands.
The source of their problems started when the big businesses set
their eyes on the potentials of tourism in the area. The Berawan
become invisible both to the authorities and the big businesses. The
big businesses begin to grab choice lands for their Hotels and their
golf courses causing displacement and deprivation to the first owners
of these lands. Some of this land happens to be the traditional lands
of th Berawan and sites of the small tourist lodging houses. The big
businesses and hotel chains were able to acquire a land title at the
expense of the Berawans who have been living in the area for more than
a century.
The Chief Minister talks about compensation. At this moment this
is the last thing that we are thinking of. The issue of compensation
is a secondary matter. We have seen how compensation money can be
squandered leaving nothing for the people to hold on to for means of
survival. Our immediate concern is the recognition and settlement of
native titles and rights to these lands. We believe that a final
determination and settlement of ancestral land claims through the due
process of proper survey and granting of final titles of land in the
area should be carried out. This will eliminate future conflicts and
guarantee us with certainty of the promised rights under the land
code.
We regret to note that the Chief Minister chose the press to
deliver his decision. It would have been more proper if he had cared
to make official replies to the numerous requests made by us for the
survey and the granting of titles to these lands. This request for
recognition dated back to the days of the Brunei Sultans, which is
over a century before the creation of the Mulu National Park.
The statement accused some of the natives had threatened to use
shotguns against government land surveyors or prevent people from
passing Mulu airport to the National Park. These are totally baseless
and unfounded allegations. Sometime last year, we were caught by
surprise to see the land and survey staffs surveying our NCR land
without our consent. When we asked them, they gave irrelevant answers
which cannot convince us nor they did not issue notice how the land
should be surveyed. We called for a meeting while they were in Mulu.
They never turned up. We stop them from coming into our NCR land. We
want to stress that we welcome all tourists locally and abroad coming
to Mulu because some of us operate tourist agencies for our survival.
Ask the tourists who have visited Mulu whether some of us have
prevented them from going to the Park. In fact there is none.
Although most of Mulu workers are Berawan, but they don't hold
any position or participation with regard to the development in Mulu.
In fact some of our Youth have academic qualification to fill certain
positions in the Mulu National Park. When we applied tender contract
like clearing Melinau river from sunken logs and debris, it went to
somebody else. Is this development for us? If it is then certainly
we are left out.
Our Appeal :
Please publicise the sentencing of the Penan people and issues
concerning land rights struggle and logging in Sarawak as widely as
possible. Solidarity messages or messages of support to the Penans in
prison as well as those at the blockade sites are also important to
lift their morale. Please send them to Melbourne Rainforest Action
Group, P.O. Box 4260, Melbourne University, Parkville, Victoria,
Australia, 3052, and we will arrange to have them sent to the relevant
areas. You can also show your support by writing to the following
Malaysian 'leaders' to protest against the detention of the Penan
people, the lack of respect for land rights and self-determination of
the Indigenous people as well as the continued destruction of the
rainforests in Malaysia :
Dato Seri Dr Mahathir Mohammad
Prime Minister of Malaysia
Jabatan Perdana Menteri
Jalan Dato Onn
50502 Kuala Lumpur
MALAYSIA Fax : 60-3-232 8166
Datuk Patinggi Tan Sri Taib Mahmud
Chief Minister of Sarawak
Bangunan Tunku Abdul Rahman
Petra Jaya
93300 Kuching
Sarawak
MALAYSIA Fax : 60-82-441 887
Samling Timber Company
P.O. Box 368
98007 Miri
Sarawak
MALAYSIA Fax : 60-85-412 751
Financial support is also needed. When the Penans are released
from the detention later, they need money for fares to go back to
their respective settlements, as well as some contingency fund for the
long journey home. Penans at the blockade site, too are unable to
spend as much time cultivating, hunting and gathering food. The
Indigenous people of Sarawak (including the Iban, Bidayuh, Kenyah,
Berawan and other tribes) need the support of all of you who are
concerned with the destruction of rainforests and justice of the
Indigenous people to continue with their fight for survival. In
Australia, tax deductible donations can be sent to the ACF Penan Fund,
340 Gore Street, Fitzroy, Victoria 3066. In other countries, please
contact your local group concerned with this issue for details.
Melbourne Rainforest Action Group